What is the Hague Evidence Convention?

The Hague Evidence Convention is a 1970 treaty that lets courts in one Contracting Party obtain evidence, whether documents or testimony, located in another Contracting Party for use in a civil or commercial proceeding. It works through two mechanisms: Letters of Request executed by a foreign Central Authority under Chapter I, and direct evidence taking by commissioners or consular officers under Chapter II.

What is a letter of request under the Hague Evidence Convention?

A Letter of Request is a formal document a court sends to a foreign country's Central Authority asking it to compel testimony or document production under that country's own procedure. For crypto matters, an effective letter names the specific custodian, wallet addresses, transaction hashes, and date range sought rather than describing a broad category of records.

What is the Hague Service Convention and how does it work?

The Hague Service Convention is a separate treaty governing how court papers, like a summons or complaint, get delivered to a party located abroad so a lawsuit can properly proceed against them. It addresses service of process, not the taking of evidence, which is why it should never be conflated with the Evidence Convention when planning a cross-border crypto case.

How long does it take to serve someone through the Hague Convention?

Timelines depend on which Hague convention and mechanism apply, and for evidence requests specifically, HCCH benchmarks suggest roughly two to three months for voluntary cooperation and three to six months when a foreign court must compel compliance. Translation requirements, Central Authority workload, and local court objections can extend these timelines further.

2–6 Month Timelines: Hague Evidence Convention for U.S. Crypto Cases

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